§ 1602. DEFINITIONS.

As used in this Article 16, the following words or phrases shall mean:

“A-license” has the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time.

“A-licensee” has the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time.

“Adult Use Cannabis” means Cannabis or Cannabis Products intended for adults 21 years of age and over.

“Applicant” means an Owner applying for a Cannabis Business Permit under this Article 16.

"Bona Fide Labor Organization" means any organization or any agency or employee repre-sentation committee or any local unit thereof in which employees participate, and exists for the purpose, in whole or in part, of dealing with em-ployers concerning grievances, labor disputes, wages, hours of employment or conditions of work, which labor organization is not found to be or to have been financed in whole or in part, interfered with, dominated or controlled by the employer or any employer association.

“Bona Fide Order” means an order for the delivery of Cannabis or Cannabis Products to a Customer that includes this information supplied by the Customer: (a) the Customer’s name and date of birth; (b) the date Delivery is requested and the address of the real property where the Customer would like the items Delivered; (c) an itemization of the Cannabis items proposed for Delivery and the amount, quantity, and/or volume of each such item; and (d) a statement that the Cannabis or Cannabis Product is not for the purpose of resale.

“Bona Fide Proof of Identity and Age” means: (a) a valid document issued by a federal, state, or local government, or subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator’s license, that contains the name, date of birth, description of physical characteristics, and photo of the person; (b) a valid passport issued by the United States or by a foreign government; or (c) a valid identification card issued to a member of the United States Armed Forces that includes a date of birth and a photo of the person.

“Business Work Hours” means the total hours worked for a Cannabis Business by all workers, whether those workers are employed by the Cannabis Business or any subcontractor.

“Cannabis” has the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time.

“Cannabis Business” means any of the following: Cannabis Cultivation Facility, Cannabis Manufacturing Facility, Cannabis Testing Facility, Cannabis Distributor, Cannabis Microbusiness, Medicinal Cannabis Retailer, Cannabis Retailer, or Delivery-Only Cannabis Retailer.

“Cannabis Business Permit” means a permit to operate a specific type of Cannabis Business issued under this Article 16.

“Cannabis Business Registration Period” means the period of time during which Persons wishing to apply for Cannabis Business Permits may register with the Office of Cannabis, as set forth in Section 1605 of this Article 16.

“Cannabis Cultivation Facility” means a fixed place of business where Cannabis is Cultivated for Commercial purposes.

“Cannabis Distributor” means a fixed place of business where Cannabis and/or Cannabis Products are Distributed for Commercial purposes between Cannabis Businesses holding State Cannabis Licenses.

“Cannabis Manufacturing Facility” means a fixed place of business where Cannabis Products are Manufactured for Commercial purposes.

“Cannabis Microbusiness” means a fixed place of business where Cannabis and/or Cannabis Products are Cultivated, Manufactured, Distributed, and Sold to Customers.

“Cannabis Nursery” has the meaning set forth for the term “Nursery” in California Code of Regulations, Title 3, Division 8, Chapter 1, Sections 8000(w) and 8201(e), as amended from time to time.

“Cannabis Products” has the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time.

“Cannabis Retailer” means a fixed place of business where Cannabis and/or Cannabis Products are Sold to Customers.

“Cannabis Testing Facility” means a fixed place of business where Cannabis and/or Cannabis Products are tested for Commercial purposes.

“Canopy” means the designated area(s) at a permitted Premises that will contain Mature Plants.

“City” means the City and County of San Francisco.

“Commercial” means undertaken for Compensation.

“Commercial Cannabis Activity” includes the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of Cannabis or Cannabis Products for Compensation, as provided for in this Article 16.

“Commercial Vehicle” has the meaning set forth in Section 260 of the California Vehicle Code, as may be amended from time to time.

“Compensation” means money or anything of value made as a payment, loan, advance, donation, contribution, deposit, forgiveness of debt, or gift.

“Consuming” or “Consumption” means Smoking, eating, drinking, chewing, applying topically, or otherwise ingesting.

“Cultivation” has the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time.

“Customer” has the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time.

“Delivery” has the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time.

“Delivery-Only Cannabis Retailer” means a fixed place of business from which Cannabis and/or Cannabis Products are Delivered and Sold to Customers.

“Director” means the Director of the Office of Cannabis, or his or her designee.

“Distribution” or “Distribute” has the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time.

“Hazardous material” has the meaning set forth in Section 1102 of the Health Code, as may be amended from time to time.

“Hazardous materials plan” has the meaning set forth in Section 1102 of the Health Code, as may be amended from time to time.

“Labor Peace Agreement” means an agreement between an Applicant and any Bona Fide Labor Organization that, at a minimum, prohibits such Bona Fide Labor Organization and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicants’ business. As part of this Agreement, an Applicant also agrees not to disrupt efforts by such Bona Fide Labor Organization to communicate with, and attempt to organize and represent, the Applicant’s employees. The agreement shall provide such Bona Fide Labor Organization access at reasonable times to areas in which the Applicants’ employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. A Labor Peace Agreement shall not mandate a particular method of election or certification of a Bona Fide Labor Organization as an Applicant’s employees’ representative.

“Local Resident” means an individual who is domiciled, as defined by Section 349(b) of the California Elections Code, within the City for at least seven days immediately prior to commencing work for a Cannabis Business.

“M-license” has the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time.

“M-licensee” has the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time.

“Manufacture” has the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time.

“Mature Plant” means a Cannabis plant that is flowering.

“Medicinal Cannabis” has the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time.

“Medical Cannabis Dispensary” means a cooperative or collective operating under the authority of a permit issued by the Director of Health under Article 33 of the Health Code.

“Medicinal Cannabis Retailer” means a fixed place of business where Medicinal Cannabis and/or Medicinal Cannabis Products are Sold to individuals who qualify under California Health and Safety Code Sections 11362.7 et seq. to use Medicinal Cannabis.

“Office” means the Office of Cannabis or any successor office or agency.

“Owner” means any of the following:

(a) A Person with an aggregate ownership interest of 20% or more in the Person applying for a Cannabis Business Permit or a Permittee, unless the interest is solely a security, lien, or encumbrance;

(b) The chief executive officer of a nonprofit or other entity;

(c) A member of the board of directors of a nonprofit; or

(d) A Person who will be participating in the direction, control, or management of the Person applying for a permit.

“Permittee” means any Person to whom a Cannabis Business Permit is issued under this Article 16, and any authorized agent or designee of such Person.

“Person” includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other entity, or other group or combination acting as a unit. Person includes both the plural and singular.

“Physician’s Recommendation” has the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time.

“Pre-Existing Non-Conforming Operator” means a Cannabis Business that engaged in Commercial Cannabis Activities relating to Medicinal Cannabis as of September 26, 2017, in a location where such activities were not authorized by or consistent with the Planning Code.

“Premises” has the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time.

“Processing” means the drying, curing, trimming, or packaging of Cannabis. “Processing” does not include the growing, planting, or harvesting of Cannabis.

“Referring Department” means any City department, agency, office, board, or commission that is required by this Article 16, or its implementing regulations, to review an Applicant’s application for a Cannabis Business Permit prior to issuance of such permit by the Director.

“Security Guard” has the meaning set forth in Section 1060 of the Police Code, as may be amended from time to time.

“Security Plan” means a plan that adequately addresses the safety of persons and property at Cannabis Businesses, developed in consultation with the Police Department, and approved as a condition of the Cannabis Business Permit by the Director.

“Sell,” “sale,” and “to sell” have the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time.

“Smoke” or “Smoking” has the meaning set forth in Section 11362.3 of the California Health and Safety Code, as may be amended from time to time.

“State Cannabis License” means a license to engage in a Commercial Cannabis Activity, issued pursuant to Division 10 of the California Business and Professions Code.

“State Licensing Authority” means the state agency responsible for the issuance, renewal, or reinstatement of a State Cannabis License.

“Storefront Cannabis Retailer” means either of the following: Medicinal Cannabis Retailer or Cannabis Retailer.

“Temporary Cannabis Business Permit” means a Permit issued by the Director under Section 1605 of this Article 16 authorizing the Temporary Permit holder to engage in time-limited Commercial Activities.

“Tobacco Products” has the meaning set forth in Section 19H.2 of the Health Code, as may be amended from time to time.

“Volatile Solvent” has the meaning set forth in Section 26130(b) of the California Business and Professions Code, as may be amended from time to time.

(Added by Ord. , File No. 171042, App. 12/6/2017, Eff. 1/5/2018; amended by Ord. , File No. 180321, App. 6/14/2018, Eff. 7/15/2018; Ord. , File No. 180912, App. 12/21/2018, Eff. 1/21/2019; Ord. , File No. 191174, App. 12/20/2019, Eff. 1/20/2020)